Obligations of a Licensee for Business Law- MyAssignmenthelp.com

Question: Discuss about theRights and Obligations of a Licenseefor Business Law. Answer: As a licensee one has legal obligations towards persons that visit his premises as patrons, on top of that he has legal obligations towards his staff and the surrounding environment. Some of those obligations include; Under theWork Health and Safety Act 2011, he is obligated to ensure a safe environment for patrons, staff and the areas surrounding the licensed premises. Secondly, every licensee has a responsibility to provide drinking water for patrons within his premises. This is made mandatory by the Liquor Regulation 2002, where cold drinking water should be made available at a reasonable cost to patrons (Brenda and Peter, 2015). Another obligation for the licensee will be to ensure that tables and surroundings within the premises are cleared of empty glasses and bottles. The staff should clean up what is not in use. This helps prevent situations where the lens could be utilized as a weapon in case a brawl arose. The licensee has a duty to ensure the safety and enjoyment of the patrons present in his premises; he then has a responsibility to disallow persons who are drunk or quarrelsome from entering or remaining on his licensed premises (Atherton, 2011). The licensee also has rights exercisable to him as the license holder, they include; Refusing entry into the premises by any person as long as that refusal is not discriminatory based on gender, race or other unlawful biases Licensee has the right to ask any patron within his licensed premises to leave or vacate the premises The licensee has a right to refuse to serve or sell to a patron if the said patron is already intoxicated The licensee has the power to issue a barring order to a patron that is enforceable by the police. As the licensee, I have a duty to ensure that the patrons who visit my premises are safe and able to enjoy without interference. I also have a duty to my staff to make sure they are working in a conducive environment free from harassment. If Larry has become a constant nuisance at the restaurant, then I reserve the right to disallow him from entering the restaurant. I also bear a duty towards Larry; Neither my staff nor I should serve him any more liquor after he exhibits signs of intoxication. This is illegal under section 105 of the Liquor Act 2010. Liability on the part of the licensee will arise only if certain aspects of law can be proved by Larry. The claims emanating from the circumstances given will be under tort law, specifically the tort of negligence. Negligence arises when one party is injured or suffers loss due to the acts or omission of another. If the act or omission is proved, then the aggrieved party becomes compensated by the defendant. To prove negligence one has to establish the following; That a duty of care was owed to him by the defendant. A duty of care is owed to anyone who can be foreseeably injured by your actions or omissions. This element is usually not difficult to prove, and in our case particularly the licensee owed Larry a duty of care since by not taking care of the premises facilities he put him in danger of getting hurt. That the defendant was in breach of that duty; this element is the one used to ascertain fault and is the one that becomes the main area of contention with the plaintiff claiming if the defendant been more cautious then the accident would not have occurred. Larry was owed a duty of care by the licensee; the licensee did not take appropriate measure to ensure that the toilet was properly locked with a functional lock to keep unsuspecting users out of it. That the plaintiffs injury or loss was as a result of the defendant not carrying out that duty of care; from our case, the injuries sustained by Larry were as a direct consequence of the toilet wall collapsing on him. Other than negligence, the issue of occupiers liability will arise. Occupiers liability is the duty of care owed by the occupier of premises towards visitors who visit the premises and who suffer injury or loss during their stay at the premises. Section 14A of the Wrongs Act 1958 defines occupiers liability and gives the scope in which it will apply. The act further states that an occupier of any premise owes a duty to any person on his premise and in our case it becomes evident that the licensee owed Larry that duty of care. However, common law in Australia has recently taken an approach where they dispense a limited duty of care when it comes to bars and pubs. Patrons have been given greater responsibility when it comes to their safety especially if they were drinking voluntarily (Curtwoods, 2016). In Cole v South Tweed Heads Rugby Club Pty Ltd [2004] HCA 29 (Cole) the court looked at common law position relating to the liability placed on pubs and clubs for injuries to patrons which take place courtesy of their intoxication. The High Court considered an extension of occupiers' liability to include a broader duty to patrons when serving alcohol. In this case, the court held that the licensee had taken all necessary steps within its power to ensure that the plaintiff had left the premises safely. Section 50(2) of the civil liability act prevents a court of law from awarding damages to a plaintiff who was intoxicated at the time of the incident. The exception is that the court gets convinced that the injury or loss would have still occurred even if the plaintiff had not been intoxicated. In such a case then the courts presume contributory negligence where both the plaintiff and defendant were partly liable for the injury or loss (Hely, 2008). In this case, the licensee had a lock on the old toilet, but the lock was rusty and unusable meaning patrons might have been able to access it. This shows that the licensee failed in taking due care especially in an environment where people were likely to be intoxicated. He and his staff noticed that Larry was highly intoxicated but neglected the fact that the toilet at the back might have posed a danger to him. This, therefore, makes him liable and not just that, he also becomes vicariously liable for his employees. On the other hand, Larry has a responsibility towards him and cannot wholly blame his misfortune on the licensee. Therefore he will also be partly liable for the injuries he suffered. References Brenda, M., and Peter, H., (2015) "Two Problems Of Occupiers Liability." Melbourne University Law Review, 508-538. Atherton, C., and Atherton, A., (2011) Tourism, Travel and Hospitality Law, 2ndedn, Thomson Reuters (Professional) Australia Ltd Ch 14 pp 448- 469. Curwoods Lawyers. (2016) "Pubs, Clubs and Patrons- Overview." November 2016: 2-7. Hely, Brook. (2008) "Open all hours: The reach of Vicarious Liability in 'Off-Duty' Sexual Harassment Complaints." Federal Law Review, 174-206. The Law Reform Commission. (1987). Occupiers Liability. Canberra: Australian Government Publishing Service, 31 Novemebr. Parliament of Victoria, Research Brief No 6, September 2009, Liquor Control Reform Amendment (Licensing) Bill. Liquor Act, 2010. Wrongs Act, 1958.

The Relation of the Ecosystem Services with Business

Introduction The understanding of an ecosystem is of paramount importance, more so in the process of defining the inter-linkages that exist between businesses and nature. This paper traces its foundation from the definitions that have been attributed to the phrase â€Å"ecosystem services.†Advertising We will write a custom essay sample on The Relation of the Ecosystem Services with Business specifically for you for only $16.05 $11/page Learn More It is from this definition that the study will take off in demystifying the interrelation that exists between the forest industry and businesses. It is of essence that the study identifies the benefits that businesses’ derive from the ecosystem. Consequently, this will set the base from which the reader will identify the effects that the removal of the ecosystem services will have on the business environment. Definition of ecosystem services The human race is surrounded by communities of animals i n their living habitats and plants all round. It is from this surrounding that the continuity of the human race is sustained. These resources that are supplied by nature benefit humans and some are the concrete bases of some of the world’s leading economies. For instance, the middle-east countries such as Kuwait are fully dependent on crude oil as the major contributor of the country’s gross domestic product. These benefits that humans reap from ecosystem are referred to as ecosystem services (Hester Harrison, 2010). The constituents of the ecosystem include the physical and the chemical elements for example; water, soil, nutrients that are assimilated in the bodies of the animals among other elements. It should be noted that this constituents are either large or microscopic elements that exist naturally. Dependence of the Corporate World on the Ecosystem Services According to Esty Winston (2009), all corporates in the planet regardless of their area of operation dep end on biodiversity that is presented by the world’s ecosystems and on ecosystem services. For instance, fresh water is a very crucial input product in almost all the conceivable processes of manufacturing well as service industries. One direct link of ecosystem services and businesses can be found in the pharmaceutical industries that benefits from plant products such as the neem plant among other plants that are used in the manufacture of drugs, the agribusiness industry that depends on insects to aid in the pollination of flowers, bio-pest control among many others.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is evident that organizations depend directly or indirectly on the ecosystem services. This dependency always takes a two-fold relationship. One is the direct dependency of the organization in undertaking the core operations and the indirect dependency of corporates on ecosystem services in supply chains and in the investment choices of the organization (Esty Winston, 2009). In order to ensure that the study does not digress a lot on the inter-dependence that exists between the ecosystem services and the corporate world, the study will concentrate on the dependency of the forest, construction and publishing industries on the ecosystem services that these industries are provided with by the ecosystem. Forests are important resources in the world as they provide invaluable economic, environment and social benefits. It is evident that forests act as a buffer to global warming that has jeopardized the livelihoods of many people (Bond Wertz-Kanounnikoff, 2009).These are a few of the social benefits that are reaped from forest resources. It should be noted that a good number of the world businesses depend solely on forest products such as timber, medicinal products among others. It is evident that every year the forest industry contributes over $186 billion in the world’s economy. This money is derived only from the primary products of the forests. This means that the forest industry is a key source of revenue for many businesses (Nemetz, 2002). All businesses in the planet directly or indirectly depend on forests and the dependency comes in terms of furniture, papers and to others the forest products are their raw materials. For example, truck drivers who are mandated to carrying logs are directly dependent on the products from the forests. The trucks that are used in the transportation are specifically designed to transport logs and therefore, the manufacturers of these trucks depend indirectly on the forest industry. This is because the eradication of forests would mean that these truck manufacturers would have to close the log-haul aging facet of their industry. Other stakeholders who depend directly on forest industry are paper manufacturers and timber dependent industries such as the carpentry. Paper manufacturers depend on trees which are turned into papers that are used in the everyday running of the offices.Advertising We will write a custom essay sample on The Relation of the Ecosystem Services with Business specifically for you for only $16.05 $11/page Learn More This gives rise to the dual dependence of the corporate world on the forest industry such that the paper manufacturers depend directly on the trees to manufacture papers and other industries use the papers that are manufactured from trees. Therefore, in case these forests are eradicated both the manufacturers and the end users would adversely be affected (Bond Wertz-Kanounnikoff, 2009). The effective and efficient running of the forest industry incorporates four relevant stakeholders. These stakeholders have either a direct or an indirect link to the industry. First, is the phenomenon growth in the forest industry. These are the businesses that are involved with growing and management of forests re sources. These businesses are mandated with ensuring that forest plantations are developed. Secondly, is the forest industry service provision sector. Services that are provided in the forest industry are of specialized manner. They include businesses that are involved with the harvesting of the forest products; those involved in the haulage of the products such as trucks drivers, the silvicultural activity officers, and the nurseries among others. Thirdly, are businesses involved in the processing of the forest products. This sector is involved in the transformation of the forest raw materials into finished products after undergoing a number of processes that are meant to change the initial form of the product. For instance; logs into rough timber that is then transformed into wood chips and then pulp. The last stage of the forestry industry is the transformation of the forest products into finished products that are now ready for use by the end user. It involves businesses like ca rpentry which transforms the timber into furniture and pulp into paper. The world requires furniture and all these products are made from timber a direct product of the forest industry. All people who are involved with the manufacture of timber products have a direct link to the forest. This proves that businesses and ecosystems are intertwined and each depends on the other for continued existence (Nemetz, 2002). Shortcoming of Eliminating the Ecosystem Services to the Business World The removal of the forest industry would have dire consequences to the businesses world. For instance, in 2007 losses that were incurred due to deforestation alone amounted to more than $4.5 trillion and this amount is expected to escalate over the years.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More These losses will be incurred if the businesses would be fatal as industrialization in the globe has taken a toll over forests which are the vital sources of renewable and non-renewable factory inputs (Organization for Economic Co-operation and Development, 2011). Conclusion It is evident that ecosystem services are fundamental in the lives of corporate in the world as the study has sort to illustrate the dependence that exists between corporate world and the forest world. Therefore, it is paramount that corporate come up with measures that are meant to put priorities right in valuation of how dependent corporate are on the forest industry and as a result, take the leading role of ensuring that the forests are not degraded as a result of human activities. References Bond, I.,G., M. Wertz-Kanounnikoff, S. (2009).Incentives to sustain forest ecosystem services. New York: Cage Esty ,D. Winston, H., S. (2009).Green to Gold. New York: Yale University Press. Hester, R.,E. Harrison, R., M. (2010). Ecosystem services.Upper Saddle River: Cengage. Nemetz ,P., N.(2002). Bringing business on board: sustainable development and the B-school curriculum. Journal of Business Administration Series.. 27(29). Organization for Economic Co-operation and Development. (2011). Paying for Biodiversity: Enhancing the Cost-Effectiveness of Payments for Ecosystem Services .New York: OECD Publishing This essay on The Relation of the Ecosystem Services with Business was written and submitted by user Juan Sutton to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Uses of MBA Video Essay Sample Questions

Uses of MBA Video Essay Sample QuestionsThere are plenty of reasons why it is important to learn some Toronto MBA video essay sample questions. They come in handy when you are studying for a test, so that you can become a more efficient, reliable, and knowledgeable student.When you are starting out in your MBA program, it is best to start with the more common ones that are being given in the first year. These are actually a good way to get a feel for the type of questions you will be asked throughout the rest of your MBA program.However, sometimes, as the years pass by, you may feel that these MBA topics are getting too complicated for you. In this case, it is helpful to know that there are many additional MBA topic types that you can choose from, but you do not have to read them at all. You can pick up some of the more advanced types of questions from other sources, such as books and online resources.Also, there are always a number of classes you can take during your MBA program tha t allows you to practice different types of topics. While it is true that these programs are a great way to learn how to ace your test, you can also take up things like strategy planning, political science, and organizational leadership.If you want to test your knowledge and skill in these subjects, you should definitely consider using video essay sample questions. For one thing, they will give you an excellent way to put in practice the skills you already have and hone your oral and written communication skills, while they also let you learn how to prepare and present your ideas in an easy-to-understand manner.You can also review the sample questions from different courses you took during your MBA program, so that you will be able to use them to ace your test. It is a good idea to do this even after you have finished a class, since there are always newer topics and questions to be included in future MBA courses.In addition, the information on these MBA video essay sample questions may also prove useful to you if you are taking up a Bachelors degree in the future. Since you are likely to use the topics again as you earn higher degrees, you may find it helpful to revisit these information in order to sharpen your skills and memorize what you have learned about them.In conclusion, the MBA video essay sample questions can be a great resource for all aspiring professionals. If you would like to learn more about these topics, it is time to see which ones are available online, and then start taking them so that you can ace your test.

Gap Analysis Cordis medical device manufacturing company

Gap Analysis Cordis medical device manufacturing company Advertising We will write a custom critical writing sample on Gap Analysis: Cordis medical device manufacturing company specifically for you for only $16.05 $11/page Learn More Altered documents: introduction Documentation is one of the factors, which indirectly contributes towards production of quality products. For an organization to manufacture quality products, precise and lucid documentation must be adhered to in the areas of manufacturing, procedure quality system elements as well as in specification and testing. Violations or failures however occur in documentation processes, thus leading to production of products of poor quality. Following such considerations and the importance of understanding the role played by manufacture of quality products within pharmaceutical/ medical industries, an inspection was carried out on the documentation issues for Cordis medical device manufacturing company. What follows below is thus a gap analysis report of the in spection results for the identified company’s documentation issues for the four quarters of the previous year, 2011; and which were categorized into three classes as missing information, open NPR’s and miscellaneous. Missing information During the previous year, 2011, a total of 1589, 1286, 932 and 358 missing information issues were reported for the four quarters of the year respectively. In other words, these quarterly figures represented 38.15%, 30.86%, 22.38% and 8.60% of the total 4165 annual figure, and having average quarterly reported issues of 1041. This vividly depicts that there is a wide range on the number of issues reported quarterly, whereby the highest number of issues is reported during the first quarter, while the least figure is obtained at last quarter of the year. The annual figure of 4165 of missing information issues were as contribution from area of identification, investigations and disposition matters. The difference observed in this may be co ntributed perhaps by several factors including personal ones like education and experience, work environment (volumes of work) among others.Advertising Looking for critical writing on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Miscellaneous For the Miscellaneous cases, it was found that there were 7, 4, 10 and 5 reported issues for the four quarters of year in ascending order. With the sum of 26 issues in this category, 18 of these were reported as overwrites while the rest of the remaining issues were either cross-outs or not assigned matters of NPR’s. Generally, it appears that the resulting differences of each of the individual reported overwrite case for the various quarters are not quite significant. However, violations of overwrite type were at the peak during the third quarter, but minimally experienced problem between the months comprising the second quarter of the year. This is indication on review and audits records such as production batch records and procedures of processes may be affected variably during certain time of the year Open NPRs Focusing on the issue of open NPR’s, quarterly deficiencies were reported as 19, 47, 105 and 177. The open NPR’s problem figures increase from the first quarter to the last one, hence giving an increasing track and trend of the problem. Impact: what impact does the variable have on the product? Following the results obtained from the investigative study of the three variable levels contributing towards poor documentation within the Cordis organization, we have found that much of the essential information need for manufacture and improve the quality of the organization’s products is not made available as required to right parties. On the overall focus of the variables that were investigated for the Cordis company, one identifies that all of the three variables would affect the quality of the company’s pr oducts in one way or another. This mainly includes the information contained or describing the product’s originality, processes and procedures followed in their manufacture which are necessary for authorization for human use, and which affect their legal authorization in marketing distribution in certain regions.Advertising We will write a custom critical writing sample on Gap Analysis: Cordis medical device manufacturing company specifically for you for only $16.05 $11/page Learn More

Expressing Quantity in English for Large Amounts

Expressing Quantity in English for Large Amounts There are many expressions used to express large amounts in English. In general, much and many are the standard quantifiers used to express large quantities. The Basics Much is used with uncountable nouns: There is much interest in learning English around the world.How much money do you have?There isnt much butter left in the refrigerator. Many is used with countable nouns: There are many people who use the computer every day.How many students live close to the school?There arent many books on that shelf. The following expressions are often used in place of much and many, especially in positive sentences. a lot oflots ofplenty ofa great deal ofa large number ofthe majority of These expressions can are combined with of in the sense of most, many or much. A lot of people enjoy listening to jazz.A great deal of time is spent understanding these issues. Note that much, most and many does NOT take of. Most people enjoy listening to some type of music. (NOT: Most of people...)Much time is spent understanding math. (NOT: Much of time is spent ...) Formal/Informal A lot of/lots of/plenty of are generally used in informal situations: There will be a lot of food at the party.Theres plenty of time to finish your homework. A large amount of/a great deal of/a large number of/a majority of are used in more formal situations, such as written business English and presentations. There is a great deal of pressure to finish this project on time.There are a large number of individuals who prefer to do banking online. Countable/Uncountable A lot of/lots of/plenty of are used with both countable and uncountable nouns. Theres a lot of juice in this jug.There are plenty of opportunities to learn online.There are lots of people who like chess. A large amount of/a great deal of are used with uncountable nouns such as water, money, time, etc. Theres a large amount of work to be done on this project.There isnt a great deal of time to finish this report. A large number of/a the majority of are used with countable nouns such as people, students, investors, etc. The majority of investors are interested in low-risk opportunities.A large number of our pupils continue their studies at university.

Financial Report and Analysis Research Paper Example | Topics and Well Written Essays - 1500 words

Financial Report and Analysis - Research Paper Example In 2012, it was ranked as the 2nd largest firm in terms of number of employees around which are around 435,000 globally, the 4th biggest firm in terms of market capitalization, the 9th most profitable company and the 19th in the list of highest revenue generating business. It has 12 laboratories and the company has on its credit record for creating the most patents for the consecutive 20 years. Overall industry sales are increasing globally since 2013. In the current year 2013-2014 sales are expected to increase by 6.5% and in the next year growth are expected to reach 7.5%. The expected growth rate is higher than the growth rate in the last two years that are 5.5% in 2012 and 0.4% in 2011. The impact of these expectations will definitely have positive impacts on the company in terms of growth in sales revenue and high profits as well as healthy cash flows (Stephen, 2013). There is a continuous decline in the sales revenue since last two years. It has gone down by 2% in 2012 and 4.55% in 2013. This decline is in contrast with the industry expectations mentioned above. The chairman of the company in her report to shareholders mentioned the reason for the decline that there in an adverse movement in the currency exchanges because it is operating in more than 170 countries around the world. Especially, there is a sharp decline of 4.2% in the revenue from Global Technology Services and 1olost 19% decline in revenue from Systems and Technology (IBM, 2013). In total, the net profit has declined by $121 millions in 2013 representing fall of 0.73%, but there is a continuous improvement in the net profit ratio since 2011. It has increased from 12.48% to 15.89% in 2012 and 16.52% in 2013. This year to year improvement is due to the effective controls over administrative expense for instance in total they decreased by $51 millions in 2013 as compared to last year, whereas, cost of sales is reasonably consistent as indicated by consistency in the gross profit

OP-EDs position Essay Example | Topics and Well Written Essays - 250 words - 6

OP-EDs position - Essay Example I agree with OP-ED’s position that the major factor that influences delinquency is poverty because social disorganization theory suggests that poverty is an important ecological characteristic that can decrease collective efficacy and informal social control.   Social disorganization theory supports that communities with high poverty rates tend to have high crime rates because poverty decreases informal social control that is important to raising children who can stay away from crimes and finish college.   Shelden shows the relationship between poverty and single-parent households where these households tend to have high delinquency rates because of low informal social control due to lack of good male role models (i.e. families without fathers) and poor supervision from single mothers who are both breadwinners and caregivers.   Weak informal social control can produce low collective efficacy that reduces the ability of families to prevent the spread of criminological cul ture in their neighborhoods.   Poverty can reinforce poor social cohesion which might affect the development and reinforcement of criminal behaviors. Aside from social disorganization theory, conflict theory argues that capitalism breeds crime through perpetuating poverty among the lower-classes of society.   This theory asserts that capitalism is an unjust economic system that produces poverty which creates crime.   Shelden provides statistics that blacks suffer from poverty the most, and if many blacks conduct crime, their poverty can be one of the strong predictors of their crimes.   Conflict theory argues that the poor might become criminals because they want to struggle against an oppressive system. Poverty can result to delinquency because colored youth from low-income families violate the norms and expectations of the upper class.   I am not saying that poverty rationalizes criminality, but it can impact delinquency if it contributes to decreases in informal social control and collective efficacy and if the youth feel the oppression that comes from their class and race/ethnicity and want to fight their oppression through engaging in delinquency.